W912DR22Q0042 RFQ.pdf
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- Susquehanna River Herbicide Services - Multiple Locations Federal contract opportunity
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- W912DR22Q0042
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SEE ADDENDUM
(No Collect Calls)
W912DR22Q0042 27-May-2022
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
12:00 PM 10 Jun 2022
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912DR9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ROSEMARIE E. ROLLINS
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
USACE, BALTIMORE
2 HOPKINS PLAZA
BALTIMORE MD 21201
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W912DR 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
X SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR - REAR
DANVILLE PA 17821-2042
TEL: FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$8,000,000
NAICS:
561730
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W912DR22Q0042
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Alvin R. Bush Dam Herbicide Application
FFP
BASE YEAR
N/A
NET AMT
0001AA 4 Acre Area A - Treatment 1
FFP
FOB: Destination
PSC CD: F008
0001AB 16 Acre Area B - Treatment 1
FFP
0001AC 2 Acre Area A - Treatment 2
FFP
0001AD 8 Acre Area B - Treatment 2
FFP
0001AE 4 Acre Invasive Species Control (ISC) Treatment
FFP
Curwensville Lake Herbicide Application
0002AA 3 Acre Area A - Treatment 1
FFP
0002AB 11 Acre Area B - Treatment 1
FFP
0002AC 1.50 Acre Area A - Treatment 2
FFP
0002AD 5.50 Acre Area B - Treatment 2
FFP
Foster J. Sayers Dam Herbicide App.
0003AA 2 Acre Area A - Treatment 1
FFP
0003AB 20 Acre Area B - Treatment 1
FFP
0003AC 5 Acre ISC Treatment 1
FFP
0003AD 1 Acre Area A - Treatment 2
FFP
0003AE 10 Acre Area B - Treatment 2
FFP
0003AF 2.50 Acre ISC Treatment 2
FFP
OPTION Alvin R. Bush Dam Herbicide Application
OY1
1001AA 4 Acre OPTION Area A - Treatment 1
FFP
1001AB 16 Acre OPTION Area B - Treatment 1
FFP
1001AC 2 Acre OPTION Area A - Treatment 2
FFP
1001AD 8 Acre OPTION Area B - Treatment 2
FFP
OPTION Curwensville Lake Herbicide Application
1002AA 3 Acre OPTION Area A - Treatment 1
FFP
1002AB 9 Acre OPTION Area B - Treatment 1
FFP
1002AC 1.50 Acre OPTION Area A - Treatment 2
FFP
1002AD 4.50 Acre OPTION Area B - Treatment 2
FFP
OPTION Foster J. Sayers Dam Herbicide App.
1003AA 2 Acre OPTION Area A - Treatment 1
FFP
1003AB 20 Acre OPTION Area B - Treatment 1
FFP
1003AC 5 Acre OPTION ISC Treatment 1
FFP
1003AD 1 Acre OPTION Area A - Treatment 2
FFP
1003AE 10 Acre OPTION Area B - Treatment 2
FFP
1003AF 2.50 Acre OPTION ISC Treatment 2
FFP
OPTION Alvin R. Bush Dam Herbicide Application
OY2
2001AA 4 Acre OPTION Area A - Treatment 1
FFP
2001AB 16 Acre OPTION Area B - Treatment 1
FFP
2001AC 2 Acre OPTION Area A - Treatment 2
FFP
2001AD 8 Acre OPTION Area B - Treatment 2
FFP
OPTION Curwensville Lake Herbicide Application
2002AA 3 Acre OPTION Area A - Treatment 1
FFP
2002AB 9 Acre OPTION Area B - Treatment 1
FFP
2002AC 1.50 Acre OPTION Area A - Treatment 2
FFP
2002AD 4.50 Acre OPTION Area B - Treatment 2
FFP
OPTION Foster J. Sayers Dam Herbicide App.
2003AA 2 Acre OPTION Area A - Treatment 1
FFP
2003AB 20 Acre OPTION Area B - Treatment 1
FFP
2003AC 5 Acre OPTION ISC Treatment 1
FFP
2003AD 1 Acre OPTION Area A - Treatment 2
FFP
2003AE 10 Acre OPTION Area B - Treatment 2
FFP
2003AF 2.50 Acre OPTION ISC Treatment 2
FFP
OPTION Alvin R. Bush Dam Herbicide Application
OY3
3001AA 4 Acre OPTION Area A - Treatment 1
FFP
3001AB 16 Acre OPTION Area B - Treatment 1
FFP
3001AC 2 Acre OPTION Area A - Treatment 2
FFP
3001AD 8 Acre OPTION Area B - Treatment 2
FFP
OPTION Curwensville Lake Herbicide Application
3002AA 3 Acre OPTION Area A - Treatment 1
FFP
3002AB 9 Acre OPTION Area B - Treatment 1
FFP
3002AC 1.50 Acre OPTION Area A - Treatment 2
FFP
3002AD 4.50 Acre OPTION Area B - Treatment 2
FFP
OPTION Foster J. Sayers Dam Herbicide App.
3003AA 2 Acre OPTION Area A - Treatment 1
FFP
3003AB 20 Acre OPTION Area B - Treatment 1
FFP
3003AC 5 Acre OPTION ISC Treatment 1
FFP
3003AD 1 Acre OPTION Area A - Treatment 2
FFP
3003AE 10 Acre OPTION Area B - Treatment 2
FFP
3003AF 2.50 Acre OPTION ISC Treatment 2
FFP
OPTION Alvin R. Bush Dam Herbicide Application
OY4
4001AA 4 Acre OPTION Area A - Treatment 1
FFP
4001AB 16 Acre OPTION Area B - Treatment 1
FFP
4001AC 2 Acre OPTION Area A - Treatment 2
FFP
4001AD 8 Acre OPTION Area B - Treatment 2
FFP
OPTION Curwensville Lake Herbicide Application
4002AA 3 Acre OPTION Area A - Treatment 1
FFP
4002AB 9 Acre OPTION Area B - Treatment 1
FFP
4002AC 1.50 Acre OPTION Area A - Treatment 2
FFP
4002AD 4.50 Acre OPTION Area B - Treatment 2
FFP
OPTION Foster J. Sayers Dam Herbicide App.
4003AA 2 Acre OPTION Area A - Treatment 1
FFP
4003AB 20 Acre OPTION Area B - Treatment 1
FFP
4003AC 5 Acre OPTION ISC Treatment 1
FFP
4003AD 1 Acre OPTION Area A - Treatment 2
FFP
4003AE 10 Acre OPTION Area B - Treatment 2
FFP
4003AF 2.50 Acre OPTION ISC Treatment 2
FFP
Section C - Descriptions and Specifications
ALVIN R. BUSH DAM, CURWENSVILLE LAKE,
FOSTER JOSEPH SAYERS DAM, AND HOWARD LEVEE
HERBICIDE APPLICATION PERFORMANCE WORK STATEMENT
PART I – GENERAL
1. OBJECTIVE: The contractor shall provide all labor, supervision, materials, equipment, and supplies to apply herbicide in two separate spray applications at the following locations:
a. Alvin R. Bush Dam, located in Clinton County near Renovo, PA
b. Foster J. Sayers Dam and Howard Levee, located in Centre County near Blanchard and Howard, PA
c. Curwensville Lake, located in Clearfield County near Curwensville, PA
Contractor’s work and responsibility shall include all planning, selection of herbicides, programming, administration, and management necessary to assure that a target kill rate of 100% is achieved in accordance with the contract and all applicable laws, regulations, codes, and directives. The contractor shall perform all related contractor administrative services necessary to perform the work such as procurement, supplying, quality control, work scheduling, contractor financial control, and maintenance of accurate and complete records and files.
2. TECHNICAL POINTS OF CONTACT (TPOCs):
a. Alvin R. Bush Dam – Bob Gardner, 570-923-1800
b. Foster J. Sayers Dam – Craig Eisenhower, 570-962-2500
c. Curwensville Lake – Tim Smay, 814-236-2000
PART II – TECHNICAL SPECIFICATIONS
1. HERBICIDE SELECTION: Herbicides to be used shall be selected by the contractor based on vegetative growth to be eradicated / prevented, toxicity, environmental concerns, and sites to be treated. When selecting herbicides, the contractor shall take into consideration that the treated areas may be used frequently by the public, that there may be freshwater lakes and or/ streams in close proximity, and that desirable vegetation may exist in very close proximity to the designated spray site. The contractor shall furnish to the TPOCs copies of current labels and Material Safety Data Sheets (MSDS) of all proposed herbicides. All herbicides must be approved by the TPOCs before being ordered or purchased by the contractor. The Government reserves the right to deny any herbicides that may be proposed for use by the contractor if prohibited by Local, State, or Federal standards.
2. AREA DESCRIPTIONS:
a. Area A – This includes all areas within 20 feet of bodies of water, standing water, and drainage ditches with flowing water. This is to include rip-rap areas along both sides of the intake channel, upstream and downstream rip-rap embankment of the dam, the rip-rap areas and along the spillway wall upstream of the dam, the rip areas on the south end of the spillway and along the creek bank. Where desirable vegetation is present, spraying limits shall extend to no closer than one inch from desirable vegetation.
b. Area B – This includes all areas more than 20 feet from bodies of water and drainage ditches with flowing water, but where there is the possibility of leeching into the bodies of water. Any areas where there may be the presence of root systems of desirable vegetation such as trees, bushes, and shrubs. All areas along the edge of all buildings, concrete structures, walks, driveways, parking lots, guardrails, fences, headwalls, gate posts, utility structures, etc., as directed by the designated government representative. All gravel roads will be sprayed. Areas will generally be sprayed eight to twelve inches from all above-mentioned objects to eliminate the need of hand trimming of grass and other vegetation growth. Some areas may require wider areas to be treated.
c. Invasive Species Control (ISC) at Foster J. Sayers Dam – Crown Vetch, Autumn Olive, and Queen Anne’s Lace at Foster J. Sayers Dam and Howard Levee shall be sprayed with a broadleaf specific herbicide such as solutions of 2-3% triclopyr or 2,4-D amine or similar herbicides. Targeted spraying of these invasive species will occur in grassy slopes of the levee and dam. These areas will be field-identified during the preconstruction meeting by the TPOCs and shall be sprayed during both the first and second sprayings. Close coordination with the dam tender will be required to ensure project staff mows the areas in question prior to spraying, particularly when spraying autumn olive.
d. ISC at Alvin R. Bush Dam – Multiflora Rose, Barbery Bush, and Autumn Olive at Alvin R. Bush Dam shall be sprayed with herbicide appropriate to control these species. Targeted spraying of these invasive species will occur along specific sections (approximately 2000 yards) of the project boundary lines between four and five miles upstream of the dam. The goal is not to eradicate these species but to maintain a clear boundary clear of invasives. These areas will be field identified during the preconstruction meeting by the TPOCs and shall be sprayed at the time that will result in the greatest efficacy. Close coordination with the dam tender will be required to ensure project staff trim or mow prior to spraying as desired for the greatest effect. The area of work can be accessed on foot or with a small UTV.
3. DETERMINATION OF BOUNDARIES: The exact boundaries of application areas will be defined by the TPOCs or his designee. The majority of the spraying at the dam sites is on the dams and levees, but there are several other sites which include the spillways, outlet works, rip-rap areas and roadways. Formulations will be designed separately for both areas using criteria as described in Part II paragraph 2. All formulation shall include a surfactant, colorant and anti-drift agent.
4. RATE OF SPRAY COVERAGE: The contractor shall use spot-treatment for all areas, spraying only areas with active vegetative growth. Spray shall not exceed the manufacturer’s recommended amount-per-acre. Concentration shall be on the heavy growth areas to ensure a thorough wetting of all vegetation surfaces. All vegetation shall be covered on a spray-to-wet basis, obtaining uniform and complete coverage. All work shall conform to the manufacturer’s recommendations. The application shall be a post-emergence stage application.
5. PERFORMANCE REQUIREMENTS: The contractor shall provide herbicide spraying services at the project with a target standard kill rate of 100%. The contractor shall be allowed to deviate from the standard by 10%. The surveillance method used by the government will be 100% inspection performed by the TPOCs at the end of each day or the completion of each location. Should the contractor fail to achieve a kill rate of at least 90%, follow up spraying will be conducted at no additional cost to the government to achieve the desired kill rate. Upon satisfactory completion of the Firm-Fixed-Price contract and notification by the TPOCs of inspection and approval, the contractor shall submit an invoice(s) for payment. The area of application in acres shown on the invoice shall be consistent with the Daily Quality Control Reports and the volume of herbicide applied shown on the Pesticide Application Records.
6. PERIOD OF PERFORMANCE: All herbicides shall be applied on successive workdays (weather permitting) once the work has commenced. At least three days’ notice shall be given the TPOCs at each project prior to the commencement of spraying at each location. The contractor shall not commence spraying operations prior to receiving approval from the TPOCs.
a. First spray – The TPOCs will contact the contractor between May 1 and June 20 when the need for herbicide application arises under the base contract. Successive option years awarded will utilize the same dates of service. The contractor shall mobilize within 14 days of being contacted. The start date will be coordinated with the TPOCs.
b. Second spray – The TPOCs will contact the contractor between August 1 and September 15 when the need for a second herbicide application arises under the base contract. Successive option years awarded will utilize the same dates of service. The contractor shall mobilize within 14 days of being contacted. The start date will be coordinated with the TPOCs. The second spray is estimated to cover less acreage than the first spray.
7. PERFORMANCE OF WORK: The contractor shall perform work only during normal Corps of Engineers duty hours (7:00am to 3:30pm, Monday through Friday, excluding federal holidays). Exceptions to this condition must be coordinated with and approved in advance by the Operations Manager, Susquehanna River Project.
8. ACCIDENT PREVENTION: In performing this contract the contractor shall comply with all current Federal, State, and Local safety regulations, including Corps of Engineers Safety and Health Requirement Manual EM 385- 1-1 and shall comply with any subsequent changes. Information regarding acquiring the Corps of Engineers Safety and Health Requirement Manual EM 385-1-1 may be found on the USACE Headquarters website at http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx. Within 14 days of contract award the contractor shall furnish the following for approval by the Government:
a. Accident Prevention Plan Section I, Article 01.A.11, EM 385-1-1, dated 15 Sep 08
b. Activity Hazard Analyses Section I, Article 01.A.13, EM 385-1-1, dated 15 Sep 08
9. PROJECT OPERATION: The locations of work are flood control projects and the contractor’s access to the work areas and the execution of the requirements specified herein shall not interfere with the daily operations of the government operations. The sites of work are subject to periodic flooding. The contractor shall consider the potential for high water levels in the scheduling of work. A specific program shall be established by the contractor to evacuate personnel, equipment, and materials as necessary in the event of high water. It is the responsibility of the contractor to coordinate all work with the TPOCs.
10. ACCIDENT REPORTING: In the event of an accident or injury involving contractor personnel or equipment in performance of work the contractor shall immediately notify the TPOCs and Contracting Officer by the most expedient means feasible. The contractor shall complete forms furnished and/or provide a written description of the incident within 24 hours of notification to do so.
11. HOUSEKEEPING: The contractor shall keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the contractor shall remove from the work site and premises, any rubbish, tools, equipment, and materials that are not property of the Government. Upon completing the work the contractor shall restore the work area to the original condition, to be approved by the TPOC.
12. MINIMUM MANPOWER REQUIREMENTS: The contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein. The areas to be sprayed are dam embankments and areas that are not easily accessible. It is suggested but not required that a minimum of three persons are needed to apply the herbicides.
PART III – DELIVERABLES
1. PRE-WORK SUBMITTALS: A paper or digital copy of the following shall be submitted within 14 days of award to the TPOCs:
a. Accident Prevention Plan
b. Activity Hazard Analyses
2. POST-WORK SUBMITTALS: A paper or digital copy of the following shall be submitted within 14 days of completion to the TPOCs:
a. Daily Quality Control Reports
b. Pesticide Application Records
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0001AC Destination Government Destination Government 0001AD Destination Government Destination Government 0001AE Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0002AC Destination Government Destination Government 0002AD Destination Government Destination Government 0003 N/A N/A N/A N/A 0003AA Destination Government Destination Government 0003AB Destination Government Destination Government 0003AC Destination Government Destination Government 0003AD Destination Government Destination Government 0003AE Destination Government Destination Government 0003AF Destination Government Destination Government 1001 N/A N/A N/A N/A 1001AA Destination Government Destination Government 1001AB Destination Government Destination Government 1001AC Destination Government Destination Government 1001AD Destination Government Destination Government 1002 N/A N/A N/A N/A 1002AA Destination Government Destination Government 1002AB Destination Government Destination Government 1002AC Destination Government Destination Government 1002AD Destination Government Destination Government 1003 N/A N/A N/A N/A 1003AA Destination Government Destination Government 1003AB Destination Government Destination Government 1003AC Destination Government Destination Government 1003AD Destination Government Destination Government 1003AE Destination Government Destination Government 1003AF Destination Government Destination Government 2001 N/A N/A N/A N/A 2001AA Destination Government Destination Government 2001AB Destination Government Destination Government 2001AC Destination Government Destination Government 2001AD Destination Government Destination Government 2002 N/A N/A N/A N/A 2002AA Destination Government Destination Government 2002AB Destination Government Destination Government 2002AC Destination Government Destination Government
2002AD Destination Government Destination Government 2003 N/A N/A N/A N/A 2003AA Destination Government Destination Government 2003AB Destination Government Destination Government 2003AC Destination Government Destination Government 2003AD Destination Government Destination Government 2003AE Destination Government Destination Government 2003AF Destination Government Destination Government 3001 N/A N/A N/A N/A 3001AA Destination Government Destination Government 3001AB Destination Government Destination Government 3001AC Destination Government Destination Government 3001AD Destination Government Destination Government 3002 N/A N/A N/A N/A 3002AA Destination Government Destination Government 3002AB Destination Government Destination Government 3002AC Destination Government Destination Government 3002AD Destination Government Destination Government 3003 N/A N/A N/A N/A 3003AA Destination Government Destination Government 3003AB Destination Government Destination Government 3003AC Destination Government Destination Government 3003AD Destination Government Destination Government 3003AE Destination Government Destination Government 3003AF Destination Government Destination Government 4001 N/A N/A N/A N/A 4001AA Destination Government Destination Government 4001AB Destination Government Destination Government 4001AC Destination Government Destination Government 4001AD Destination Government Destination Government 4002 N/A N/A N/A N/A 4002AA Destination Government Destination Government 4002AB Destination Government Destination Government 4002AC Destination Government Destination Government 4002AD Destination Government Destination Government 4003 N/A N/A N/A N/A 4003AA Destination Government Destination Government 4003AB Destination Government Destination Government 4003AC Destination Government Destination Government 4003AD Destination Government Destination Government 4003AE Destination Government Destination Government 4003AF Destination Government Destination Government
CONTRACTOR QUALITY ASSURANCE
1. RECORDS AND REPORTS: In addition to the administrative requirements dictated in Section G of this contract, the contractor shall complete a Daily Quality Control Report form to maintain record of contract performance, accident/injury incidence, and observance of project deficiencies. Forms will be distributed at pre-work conference.
The contractor must provide his/her own appropriate form (Pesticide Application Record) to maintain herbicide application records. This form shall be completed and furnished to the Government Representative upon completion of each site or day. The Pesticide Application Record shall have the following information:
a. Name of applicator and Certification ID number
b. Herbicide name and EPA Reg. number
c. EPA Registration number
d. Weather conditions
e. Amount of herbicide used, date and time applied
f. Amount of acreage covered
g. Locations applied
2. SUPERINTENDENT: The contractor shall act as or provide a Superintendent who acts as a quality control manager whenever the work specified herein is being performed. The Superintendent shall conduct overall management coordination and be the central point of contact with the Government for performance of all work. The Superintendent and any individual designated to act for him/her shall have full authority to contractually commit the contractor for prompt action on matters pertaining to the administration of the entire contract. Such authorization shall be submitted in writing to the TPOC. The Superintendent shall deal directly with the TPOCs for normal day-to-day administration of the contract provisions. The Superintendent shall attend pre-work conference(s) prior to commencing work.
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
0001AA POP 15-JUN-2022 TO
28-FEB-2023
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
W912DR
0001AB POP 15-JUN-2022 TO
28-FEB-2023
N/A (SAME AS PREVIOUS LOCATION)
0001AC POP 15-JUN-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0001AD POP 15-JUN-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0001AE POP 15-JUN-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0002 N/A N/A N/A N/A
0002AA POP 15-JUN-2022 TO
28-FEB-2023
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
0002AB POP 15-JUN-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0002AC POP 15-JUN-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0002AD POP 15-JUN-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 N/A N/A N/A N/A
0003AA POP 15-JUN-2022 TO
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
0003AB POP 15-JUN-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0003AC POP 15-JUN-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0003AD POP 15-JUN-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0003AE POP 15-JUN-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
0003AF POP 15-JUN-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 N/A N/A N/A N/A
1001AA POP 01-MAR-2023 TO
28-FEB-2024
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
1001AB POP 01-MAR-2023 TO
28-FEB-2024
N/A (SAME AS PREVIOUS LOCATION)
1001AC POP 01-MAR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
1001AD POP 01-MAR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
1002 N/A N/A N/A N/A
1002AA POP 01-MAR-2023 TO
28-FEB-2024
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
1002AB POP 01-MAR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
1002AC POP 01-MAR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
1002AD POP 01-MAR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 N/A N/A N/A N/A
1003AA POP 01-MAR-2023 TO
28-FEB-2024
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
1003AB POP 01-MAR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
1003AC POP 01-MAR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
1003AD POP 01-MAR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
1003AE POP 01-MAR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
1003AF POP 01-MAR-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 N/A N/A N/A N/A
2001AA POP 01-MAR-2024 TO
28-FEB-2025
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
2001AB POP 01-MAR-2024 TO
28-FEB-2025
N/A (SAME AS PREVIOUS LOCATION)
2001AC POP 01-MAR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
2001AD POP 01-MAR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
2002 N/A N/A N/A N/A
2002AA POP 01-MAR-2024 TO
28-FEB-2025
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
2002AB POP 01-MAR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
2002AC POP 01-MAR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
2002AD POP 01-MAR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 N/A N/A N/A N/A
2003AA POP 01-MAR-2024 TO
28-FEB-2025
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
2003AB POP 01-MAR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
2003AC POP 01-MAR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
2003AD POP 01-MAR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
2003AE POP 01-MAR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
2003AF POP 01-MAR-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 N/A N/A N/A N/A
3001AA POP 01-MAR-2025 TO
28-FEB-2026
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
3001AB POP 01-MAR-2025 TO
28-FEB-2026
N/A (SAME AS PREVIOUS LOCATION)
3001AC POP 01-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
3001AD POP 01-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
3002 N/A N/A N/A N/A
3002AA POP 01-MAR-2025 TO
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
3002AB POP 01-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
3002AC POP 01-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
3002AD POP 01-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 N/A N/A N/A N/A
3003AA POP 01-MAR-2025 TO
28-FEB-2026
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
3003AB POP 01-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
3003AC POP 01-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
3003AD POP 01-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
3003AE POP 01-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
3003AF POP 01-MAR-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 N/A N/A N/A N/A
4001AA POP 01-MAR-2026 TO
28-FEB-2027
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
4001AB POP 01-MAR-2026 TO
28-FEB-2027
N/A (SAME AS PREVIOUS LOCATION)
4001AC POP 01-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
4001AD POP 01-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
4002 N/A N/A N/A N/A
4002AA POP 01-MAR-2026 TO
28-FEB-2027
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
4002AB POP 01-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
4002AC POP 01-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
4002AD POP 01-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 N/A N/A N/A N/A
4003AA POP 01-MAR-2026 TO
28-FEB-2027
N/A SUSQUEHANNA RIVER PROJECT
JEFF MEADOWS
306 RAILROAD STREET SECOND FLOOR -
REAR
DANVILLE PA 17821-2042
4003AB POP 01-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
4003AC POP 01-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
4003AD POP 01-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
4003AE POP 01-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
4003AF POP 01-MAR-2026 TO
N/A (SAME AS PREVIOUS LOCATION)
Section G - Contract Administration Data
INVOICES AND PAYMENT
1. INVOICES: The contractor shall submit itemized invoices no later than 15 days from the completion of the work.
The invoice shall accurately reflect work completed. Each invoice at a minimum shall contain the following information:
a. Contractor name and address, exactly as it appears on the contract
b. Contract number
c. Date of invoice submission
d. Invoice number
e. Invoice total
2. CORRECTIONS: Incorrect invoices will be returned to the contractor for correction before processing payment.
Corrected invoices shall be re-dated to reflect the new submission date.
3. REMITTANCE: Invoices shall be submitted via post-mail and/or electronic mail to the following addresses for payment. Should changes occur to the mailing addresses the contractor shall be notified of the correct recipient.
VIA Post Mail: U.S. Army Corps of Engineers Susquehanna River Project ATTN: Jeff Meadows 5960 Susquehanna Trail, Suite 1 Turbotville, PA 17772
VIA Electronic Mail: Jeffrey.L.Meadows@usace.army.mil
CONTRACTING OFFICER AUTHORITY STATEMENT
Only a warranted Contracting Officer (either a Contracting Officer or an Administrative Contracting Officer), acting within his/her appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, the Contractor shall not proceed with the changes and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor’s own risk.
Section H - Special Contract Requirements
OPERTIONS SECURITY
1. OPERATIONS AND STORAGE AREAS: The contractor shall confine all operations to areas authorized or approved by the TPOCs. Materials may only be stored on site in the contractor’s vehicles or equipment. The contractor shall coordinate with Project Personnel for the location of a designated area for mixing and preparation of herbicides and will provide for a spill containment system constructed of impervious materials or an acceptable alternative, as required. The contractor is prohibited from using Government property to clean his equipment or to dispose of any waste.
2. ACCESS AND GENERAL PROECTION / SECURITY POLICY AND PROCEDURES: All contractor and all associated subcontractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204- 9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.
3. GOVERNMENT ESCORT: All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.
4. CANDIDATE PRE-SCREENING: The contractor must pre-screen candidates using the E-Verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-Verify system. An initial list of verified/eligible candidates must be provided to the TPOC no later than three business days after the initial contract award.
5. ENVIRONMENTAL PROTECTION: The contractor is required to comply with all Federal, State, and Local environmental regulations. The contractor shall exercise care and safety in the performance of the contract and shall take necessary precautions to avoid contamination of the water, damage to private property and injury to employees and the public. The contractor shall be liable for any and all damage to the Environment and/or public or private property, caused by equipment or chemicals. No separate payment will be made for environmental protection measures. All environmental protection matters shall be coordinated with the TPOC. The contractor shall notify project personnel of any herbicide spills immediately and take appropriate action. Information on decontamination of emergency and non-emergency type spills may be obtained by contacting CHEMTREC toll free at 1-800-424- 9300. The contractor shall be responsible for any on or off-site damage occurring from spray operations such as over-spray, leaching, drift, etc.
LICENSE & PERMIT REQUIREMENTS
The contractor shall be properly certified by the Commonwealth of Pennsylvania as a licensed applicator of herbicides within the State or Commonwealth and must adhere to all rules and regulations relating to herbicide application. A copy of appropriate certifications shall be furnished to the TPOC prior to commencement of work.
The contractor shall, at his/her own expense, obtain any licenses or permits required to perform the contract. The contractor shall comply with all current Federal, State and Local laws and regulations and shall comply with any subsequent changes.
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
DEC 2021
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2021
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7022 Expediting Contract Closeout MAY 2021 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
APR 2020
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.--
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.
7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.
destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the…
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